FAQ: New Jersey Drunk Driving
- Dan T. Matrafajlo
- Thu Jun 2023
New Jersey has enacted some of the strictest laws in the nation regarding drunk drivers – driving while intoxicated or impaired (DWI) or driving under the influence (DUI). A first DWI conviction can cost you hundreds of dollars in fines, up to 30 days in jail, loss of driving privileges for 90 days, and additional financial impacts on your life. The consequences of subsequent drunk driving convictions get even harsher.
Even worse, a DWI conviction stays on your record for future employers, loan officers, college officials and others during background checks. All of this makes it imperative to hire the best New Jersey drunk driving attorney to fight the charges and avoid a conviction.
Below are answers to some frequently asked questions that you may find helpful while you look for an attorney.
How Do you Get a DWI Dismissed in NJ?
Depending on the specific facts of your case, there may be different potential defenses to fight your drunk driving charge. Some common defenses include:
- You were in fact NOT impaired
- The arresting officer failed to follow proper procedures
- Your constitutional rights were violated during the DWI arrest
- The testing equipment the arresting officers used as evidence were not working properly
- Inclement weather was to blame for your driving
Do You Always Lose Your License with a DWI in NJ?
The short answer to this question is only if you are convicted of the charge. While your drunk driving case is pending, your driving privileges will remain in good standing.
Can You Plea Bargain in a New Jersey Drunk Driving Case?
Although the phrase “plea bargain” is typically used, plea bargaining is not allowed for drunk driving charges in New Jersey. Plea bargaining is used to dismiss or downgrade a charge at the discretion of hte prosecution in criminal matters.
How Do I Get My License Back After a DWI in NJ?
You are responsible to submit proof of payment of outstanding fines or tickets to the MVC to restore your driver’s license. Once you have satisfied the reason for the suspension, completed any suspension period that had been ordered, and paid the required fees, you will receive a Notice of Restoration in the mail.
Do I Need a Lawyer for My DWI Case?
Yes. It will be very difficult to beat a drunk driving charge without the help and aggressive legal representation of an experienced New Jersey drunk driving attorney. A good attorney has the experience to fight the charges and increase the likelihood of a conviction.
Contact Us Today!
If you have been arrested for a DWI offense, you should discuss your case, including any potential meritorious motions to suppress, with an experienced New Jersey DWI attorney. For more information or to schedule a free consultation with one of our skilled attorneys, please call Beninato & Matrafajlo Attorneys at Law, LLC at 908-355-7100.